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Easements

Easement

The right for someone to use another’s property.

In discussing these matters, lawyers have developed fancy words to describe the two land owners. The burdened property owner–i.e. Peter– is normally called the servient owner and the one person who benefits from the easement is called the dominant owner.

Most easements are written but some are implied in law. For instance if you have a small lot with your house built on the lot line, the law allows you to use your’s neighbor property to place a ladder to paint your home. This is called an implied easement. Also there is an implied easement of support from your neighbor’s soil for your foundation. In other words, your neighbor cannot remove his soil–i.e. dig a basement–without taking precautions to protect your foundation and soil. If he does, then he is responsible for the damages to your home. I have been in involved with a few of this type of litigation.